vetwife

BVA granted & sent back to VARO to rate in March. Then we got a letter in the mail in June from AMC stating they would be handling the claim.... that was all. Did get new C&P on the granted issue in early October - still no word on rating. So it has been almost a year since BVA granted (6 yrs since beginning of claim) & still no rating. This was ordered to be expedited treatment - any thing we can do?.

If your claim was granted at BVA & then your case was sent back to RO for rating - then RO sent to AMC - will the "waiver of AOJ (VARO) level of review of evidence" mentioned below work to get it out of the AMC ? If so, does someone have a link to the form & where do I send it?

Thank you Carlie, so I guess it can go either way , just up to the RO....

Thank you Berta, that was what I needed

The BVA granted some claims & remanded others (thankfully, nothing was denied) Does anyone know which the RO will work first? Will they rate the granted claims & then work on the remand, or will they do the remanded issues first & then rate the granted claims? Also, on the remanded claims - if the RO still denies them , will they go back to the same judge at the BVA ?

Thank you for your replies, information & inspiration.

BVA has granted the claim!!! I know file was sent back to the RO for rating - but how is the rating done? Do they send for another C&P or use the old C&P? Any idea's on time frame?

Are they testing those with colonoscopy done at ALL l VAMC's? Also is there a date range they are testing?

What should he ask the patient advocate? Can the PA request the exam be done at another hospital due to conflict?

He did call the C&P office - They cannot change him, they only have 1 C&P examiner & she is a NP. At his request, they called the RO to see about sending him to a different VAMC - the RO said NO.

I need to know if there is anything we can do? My husband has numerous claims in. He is currenly only s/c for 1 of those conditions which took 3 yrs & finally being sent for C&P with a specialist to get. He had several C&P's with a certain NP. They are always very bad (basically all said there is nothing wrong with him & it is all just his subjective complaints) all C&P with this NP have resulted in denials of his claims. His last time it was ridiculous. It was grossly inaccurate - she did not have the c-file & the report looked like she mixed up records with another persons file - as it was so inaccurate & contradictory. We sent a letter to the RO asking to have a new C&P by a DR & to have the NP's C&P removed. We stated all the easily verifiable inaccuracies. Our request was completely iggnored, not ever addressed. He got his usual denial for that C&P as well & they used her C&P for the determination. This letter is sure to be in his C-file & names the NP by name & how incompetent the exam & report were. WELL.... RO is sending him back to the SAME NP for his 1 s/c condition for a "re-evaluation". This is his 1 s/c condition that was very hard to get to a speciallist & finally get the rating. It is only 30% - but now we are very worried she will have it taken away out of revenge. She is sure to see the letter about her in his file. I am wondering if they are sending him back to her on purpose. My husband has called the 800#, sent 2 IRIS's and called the VAMC's c&p coordinator to try to get a new Dr. They have all told him the same thing - he can go or not go - but he is not getting a different C&P examiner. He will go anywhere - just doesn't want this NP. Please any ideas on what we can do?

And, a little over a week after putting him in the walking boot he was told to "dis guard the walking boot" and to walk on it & use it as much as possible - (because they thought it was a sprain.)

Thanks for your responses. I have not contacted a lawyer yet, but will ! Poolguy, I do see you point, however their treatment did cause further damage. They put him in a walking boot & started weightbearing at just 2 weeks because they thought it was a sprain (due to mixing up the x-rays) The ankle was nowhere near healed and they had him walking on it. This caused the fracture not to heal (constant weight & moving bones) and caused sever nerve damage. Had they know it was a fractured ankle & ordered proper treatment, he would have been casted & told to stay off his foot for 6-8 weeks while it healed. It would have most likely heal completely. I am interested in what to do about their disregard of Dr Bash - he is a Dr & wrote his opinion based on the medical records. The rater is not a Dr , but chose to disregard his opinion .

Hi all, We got a IMO from Dr Bash for my husbands claim. Please read the attachment on the response from the RO in their decision (denial) letter. bash.bmp This claim is a 1151 - the RO never ever sent him for a C&P , never got their own opinion, just swept this under the rug. Then they knock the IMO that we sent - the only medical opinion there is on this claim - it's not even disputed - because they never sent my husband in for one..... This came a while back...I'm am still REALLY upset.... please read & give me opinions on what to do ( I have just filed form 9). I have his records! They x-rayed the wrong ankle & then reported that he only had a sprain - when he actually had a fractured ankle bone. They had him walking on it for over 4 months in excruciating pain before finally doing an MRI & seeing it was still fractured. The decisions also reads "there is no evidence the VA caused additional damage" Could they truly believe walking on a fracture for months wouldn't cause additional damage? If I am wrong - please set me straight here.... he ended up with sever nerve damage & having to have his whole ankle fused together. But they think they didn't cause additional damage? Is that possible?

What about the right to be seen by a Dr not an RN for a C&P. Are they required to let you be seen by a Dr if you request that?

Oh, thanks, that will be much quick than a letter. Which office should I email the complait to? his case should be with BVA now (after 2 denial) but still being rated at our RO? Should I send IRIS to BVA or RO? or both? This was a TERRIBLE C&P inaccurate doesn't even describe it!

My husband just had C&P exam a few weeks ago. It went very badly & he knew it would be a bad C&P report. We just got it, & It is ! It is false & completely innaccurate. Prior to the exam he found out is was a NP doing the exam. He requested a Dr & was denied. He call the RO & they told him they had nothing to do with that & he need to call VAMC. He called them again & was still denied having a DR do the exam & was told he must go & that an NP was sufficient for this exam. Not having a choice - he went...... The "examiner" did not have his C-file nor any of his records. She asked him very few questions & filled out the entire 35 page questionaire by herself - with little information from him & no records in front of her. (She told him she didn't have the file ) and on the way out he talked to the office person who confirmed that the RO had just sent the file out that day & they did not have the C-file. I need advise on how to get this C&P thrown out & a new one (by a DR with file present) ordered.

I respectfully disagree - I do not think you should re-file. You said when you called "your file is on search" , so then they know you have a claim & it is still active. If you re-file - they will still have to track down your current file to get all your Service Records - (once a claim is opened - all your Service Records go to your RO & in your c-file) (unless you happen to have a complete copy of all your SMC's ?) - otherwise, refilling would not do any good, and just add confusion. Just my opinion.

My husbands claim file was sent to Maine.... some big mix up, RO said the claim was closed & file was in Maine. We never lived anywhere near Maine (3000 miles away) never saw a Dr in Maine, no reason for it to be sent there. It had been there for months & we would not have even know if I didn't make him call to check on status of his claim. We sent letter right away, got a generic reply "sorry for the delay we are working on your claim..etc" They did get the file back & re-open the claim (if it was ever truely close or just transfer?) But We never did get any explantion for the additional delay & who knows how may service records were lost along the way - there sure are a lot missing!!!

Hi, has anyone on here been to the WRIISC ( War Related Illness & Injury Study Center ) ?

Has anyone been to WRIISC?

Good information, thanks. We have not made a claim on the nodule But after I saw this post I begain to wonder if thyroid nodules are common in GWV like the lypomas are?

My husband is GW1 vet & also has thyroid nodule. Checkout o.k. (not cancerous) , but now wonder if this is common among GW vets?

Thank you for the reply.

Hi, my husband is going to the WRIISC & I would like hear from anyone that has been - what to expect?